Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
US Midterms 2026
7SEP

Missouri takes its map to Kavanaugh

3 min read
13:32UTC

Denny Hoskins asked the Supreme Court on Friday 4 September to stay the ruling that suspended Missouri's congressional map. Justice Kavanaugh set a response deadline of noon EDT on Monday 7 September and entered no ruling.

PoliticsDeveloping
Key takeaway

Missouri's emergency application sits with Justice Kavanaugh, undecided, with no date set for a ruling.

Denny Hoskins, Missouri's secretary of state, applied to the Supreme Court of the United States for an emergency stay on Friday 4 September, hours after the Missouri Supreme Court refused him a stay of its own ruling. The docket entry reads Denny Hoskins, Secretary of State of Missouri, Applicant v. Richard Von Glahn, No. 26A304.⁠1 An emergency application of this kind goes first to the circuit justice for the state's federal circuit, which for Missouri means Justice Brett Kavanaugh of the Eighth Circuit.

The application runs the Elections Clause theory the state court rejected the day before, and invokes Purcell, the principle that federal courts should not change election rules close to polling day.⁠2 It counts 1.2 million votes already cast under the suspended districts at Missouri's 4 August primary.⁠3 It argues urgency from a federal date: ballots must reach military and overseas voters by 19 September, and Missouri says a reversion to the 2022 lines this late risks a breach of that obligation.⁠4 South Carolina missed the same federal deadline in July and had to sign an agreement with the Justice Department to manage it, so the risk Missouri describes is not hypothetical. The Republican National Committee, the National Republican Congressional Committee (NRCC) and the Missouri Republican Party filed a brief in support the same day.⁠5

Missouri's position has real force. Two courts moving a congressional map after a primary has been held and certified, on the turnout its own application cites, describes precisely the disorder Purcell was written to prevent. The state court's answer is that a referendum petition, not a judge, is what stripped HB 1 of effect, which puts the suspension outside the mischief Purcell addresses.

The docket records the next step and no more: "Response to application (26A304) requested by Justice Kavanaugh, due by Noon (EDT) on September 7, 2026".⁠6 That hour has passed and no ruling has been entered. the Court has named no date for one, and this briefing assumes none.

Deep Analysis

In plain English

Missouri's top state election official does not want the old 2022 map back, so he has asked the US Supreme Court to pause the state court's ruling while the case continues. He argues it is too disruptive to change the district map again this close to the election, since over a million people already voted in a primary held under the newer map. One justice, Brett Kavanaugh, has asked for more information but has not yet decided anything.

Deep Analysis
Root Causes

Missouri's referendum clause offers no severability for a map already used in a primary.

Once Von Glahn suspended HB 1, the state had no statutory route to keep the primary results tied to HB 1's districts short of a stay from a higher court, so the fight moved to Washington by default rather than by choice.

What could happen next?
  • Risk

    If the Court grants the stay, ballots already printed or sent under one map could need reissuing before the 19 September overseas deadline Missouri itself cites.

  • Precedent

    A ruling will signal how the Court weighs a state supreme court's own constitutional process against Purcell-style timing concerns, relevant to several other mid-decade map disputes moving through federal courts this cycle.

First Reported In

Update #16 · Missouri suspends its map, and votes on it

Supreme Court of the United States· 7 Sept 2026
Read original →
Different Perspectives
Judge Adolf Zeman, Alaska Superior Court
Judge Adolf Zeman, Alaska Superior Court
Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Judge Thomas Schroeder, US District Court for the Middle District of North Carolina
Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.
Stephen Richer, Republican former Maricopa County recorder
Stephen Richer, Republican former Maricopa County recorder
Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.
Senate Leadership Fund
Senate Leadership Fund
The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate, the ad-buying affiliate of Senate Majority PAC
WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.
County Board of Arlington County
County Board of Arlington County
Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.